Theodore

Theodore v. American Express National Bank

Good Law
United States District Court, Northern District of CaliforniaAugust 27, 20243:23-cv-03710California1,764 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 DIANA THEODORE, Case No. 23-cv-03710-AMO

Plaintiff,

ORDER GRANTING MOTION FOR

v. INDICATIVE RULING AND

TERMINATING AS MOOT

AMERICAN EXPRESS NATIONAL ADMINISTRATIVE MOTION TO

BANK, EXPEDITE

11 Defendant. Re: Dkt. Nos. 48, 49 12 Before the Court are American Express National Bank’s (“AmEx”) (1) motion to modify the Court’s order of April 4, 2024 to stay (rather than dismiss) this case pending completion of arbitration, or alternatively, for an indicative ruling under Federal Rules of Civil Procedure 60(b)(6) and 62.1, ECF 48, and its (2) administrative motion to expedite the hearing on the motion, ECF 49. The motion to modify the April 4 order is DENIED. The filing of a notice of appeal, which occurred in this case on April 29, 2024, ECF 46, is an “event of jurisdictional significance” that “divests the district court of its control over those aspects of the case involved in the appeal.” …

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